Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Annual Report
Latvia
Transparency International
CONTENTS
KEY ACHIEVEMENTS OF 2011 ...................................................................................................................................... 3 1. MAKING POLITICANS AND VOTERS MORE RESPONSIBLE ........................................................................................ 3 MOBILIZING SOCIETY FOR THE SUPPORT OF RULE OF LAW AND THE ANTI-CORRUPTION AGENCY............................................................ 3 THE NEW PRESIDENT AGREES AWAY WITH OLIGARCHS POWER ................................................................................................... 4 REFRESHING VOTERSMEMORY BEFORE ELECTIONS ..................................................................................................................... 4 WWW.DEPUTATIUZDELNAS.LV WATCHDOGGING THE PARLIAMENT AFTER ELECTIONS ...................................................................... 5 2. GUARDING KEY ELEMENTS OF THE NATIONAL INTEGRITY SYSTEM ......................................................................... 5 RIDDING KNAB OF ITS DESTRUCTIVE CHIEF .............................................................................................................................. 5 IMPROVING AND TESTING KNAB CHIEF SELECTION PROCEDURE..................................................................................................... 6 LOOKING FOR THE BEST OMBUDSPERSON .................................................................................................................................. 6 TESTING INTEGRITY OF THE CONSTITUTIONAL COURT ................................................................................................................... 7 3. YOUTH WORK ......................................................................................................................................................... 7 YOUTH PARLIAMENT ............................................................................................................................................................. 7 YOUTH ANTI-CORRUPTION SUMMER SCHOOL............................................................................................................................. 8 MUNICIPAL DEMOCRACY MINI-PROJECTS .................................................................................................................................. 8 ANTI-CORRUPTION WORKSHOPS IN SCHOOLS ............................................................................................................................. 9 YOUNG INVESTIGATIVE JOURNALISTS SCHOOL ............................................................................................................................ 9 4. NATIONAL INTEGRITY SYSTEM EVALUATION .........................................................................................................10 5. ADVOCACY AND LEGAL ASSISTANCE TO CORRUPTION VICTIMS ............................................................................11 ALAC .............................................................................................................................................................................. 11 GOING TO THE ECHR FIRST TIME EVER FOR DELNA ................................................................................................................ 12 WINNING A MUNICIPALITY IN FOIA CASE ............................................................................................................................... 12 6. CORRUPTION PERCEPTIO INDEX 2011 LAUNCH .................................................................................................13
7. IMPLEMENTING THE INTEGRITY PACT....................................................................................................................13 ADMINISTRATIVE INFORMATION ..............................................................................................................................15 BOARD AND DIRECTOR ........................................................................................................................................................ 15 BRIEFLY ABOUT DELNA........................................................................................................................................................ 15 ACCOUNTING POLICY .......................................................................................................................................................... 15 INCOME AND EXPENDITURE REPORT ON 2011 ......................................................................................................................... 16 DONATIONS AND GIFTS OVERVIEW ........................................................................................................................................ 17 USEFUL INFORMATION ..............................................................................................................................................22 SOCIAL NETWORKS ............................................................................................................................................................. 22 HOW TO DONATE? TAX DEDUCTIONS ..................................................................................................................................... 22 COPYRIGHT....................................................................................................................................................................... 22
On the 2nd June, we organized a protest outside the Latvian Parliament. It had several reasons. Although the process of 10th dismissal of the Parliament, it was still able to freely enact legislation and change the Constitution. On this day the Parliament was electing the new president of the country and in Delna`s opinion both of the nominated candidates were not suitable. There was a concern about the President's authority "theft", as it had happened on other occasions when incompetent persons were appointed. There was a stressful situation in KNAB (Bureau), which continued to lead systematic offenses of dismissed director N.Vilntis, but politicians were delaying escalating problem-solving. "The first 10 steps to recover the stolen country" was introduced in Parliament, calling for the use of chance in 2011 to solve many problems of the previous admission. Recognizing that most of the tasks of the last year are resolved or at least started to address, however, three of them even in the middle of 2012 have not achieved substantial progress. We thank every one of more than 1,000 people who responded to the call and were not indifferent. Thanks for the material support to JSC "BTA".
1.Expel N.Vilntis from being a director of KNAB 2.Reduce partys financial dependence on party sponsors 3.Necessary to establish criminal liability for the party "slush funds"
7.Set higher standards for candidates applying for Constitutional Court judges 8.Achieve transparency in media
Delna is being substantially supported by the Open Society Institute (Open Society Institute, OSI) with providing institutional grants for the year 2011. We won`t mention the OSI under each of the described activities, Delna sincerely thanks to this Foundation for the support on nearly every work done this year. 3
Newly elected Latvian president in front of the Parliament on June 2 | Krista Burne
June 2, 2011 when the newly elected Latvian president came out of the parliamentary buildings on the 2nt June, 2011, Delna invited Andris Berzins to sign the poster with the slogan "Down with the oligarchs in power" as proof that he agrees to the assembled people call to reduce the impact on public policy and economics by some people. To our surprise, Andris Berzins did it. We invite everyone to keep Andris Berzins to the word and report back to Delna, if you notice that he "slipped".
In order to promote political accountability not only before the elections, but also between the election periods and to ensure the regular work of parliament and systematic monitoring of the 10th parliamentary election, Delna set up monitoring tool www.deputatiuzdelnas.lv. The new parliamentary monitoring tool publication was conceived in June 2011, but it had to be postponed due to unscheduled 10th Parliament dismissal. In December 2011 we launched the Internet tool that can be used to store not only information about members and lots of current local and parliamentary elections, but also were to regularly pay attention to different aspects of parliamentary work. DeputatiUzDelnas.lv continues to maintain popular KandidatiUzDelnas.lv resources "database corruption event" in which anyone can access a variety of events ranging from small trickery ending with the theft schemes. Special thanks to the Soros Foundation - Latvia for support.
2. GUARDING KEY ELEMENTS OF THE NATIONAL INTEGRITY SYSTEM RIDDING KNAB OF ITS DESTRUCTIVE CHIEF
Immediately after the appointment of N. Vilnitis as a director of KNAB, Delna criticized his actions for the shameful institution reform to reduce KNABs efficiency. Following-up institutions and the new chief of the operation, it became increasingly clear that the politicization and lack of clarity over N. Vilnitis selection procedure was done deliberately to undermine KNAB. However, KNAB monitoring action in 2010 and early 2011 was very slow and the solution required a significant public pressure and KNAB employee initiative. In the first half of 2011 Delna active followed the developments decision to support his removal from office in KNAB in resolving the conflict and called on the Prime Minister as soon as possible to establish a panel of professionals to evaluate N. Vilnitis actions and conformity assessment of the post, as required by KNAB. We expressed our views on the actions of officials in the case when J. Strike was threatened and demanded immediate action in the case when N. Vilnitis dismissed his deputy A. Vilks. N. Vilnitis was removed from office at a speed rarely experienced on June 16 after a day after the commision chaired by the Attorney General had found systematic violations of the law in N. Vilnitis operations in KNAB.
N. Vilnitis leave the Saeima Legal Affairs Committee for its
Press conference on the KNAB selection results | Toms Norde, State Chancellery
By analysis how the previous KNAB Chief Normunds Vilnitis came into KNAB and his subsequent actions destructive impact on Bureau work, we concluded that part of the problem was Ivars Godmanis (LPP / LC) reigned government which established the KNAB Chief selection procedure in where a decisive role was played by politicians, but a minimal role in the candidate objective suitability for the post to be endorsed, for example, experience and professional training. Similarly, neither the media nor the public had enough information about the previous competition process for the Chief of KNAB post to be able to clearly respond to N. Vilnitis appointment. For these reasons, Delna actively participated in the development of KNABs selection procedures in Defense, Interior and anticorruption commission, as well as seen in competition, which was chosen for the current Bureau Chief J. Strelcenoks.
During the from NGO side well visited discussion current Ombudsman J. Jansons was not trying to change that unflattering impression created by himself and led the majority of focus group participants provide quite a gloomy picture of the Latvian Human Rights if he would be elected. Unfortunately, also in this case the thesis confirmed that important posts should not be a place to learn and it is needed to appoint people who have proven themselves in accordance with previous professional life. Thank you Satori bookshop and the Soros Foundation - Latvia for the support of the event.
3 June 2011. The first Youth parliamentary session | Ernests Dinka, Saeimas Kanceleja
In 2011 Delna cooperated with the Parliament to restore youth parliamentary activity after eight years of interruption. In practice, the implementation of the motto "Through the experience to understanding", the Parliament gave 15-19 year old youngsters first-hand experience in parliamentary democracy also showing the practical knowledge of how the parliamentary work is being organized. Delna most important contribution to this process was JauniesuSaeima.lv website. Page served several important functions: serving as a platform to the pre-election competition and educated the election candidates and other site visitors on the important issues of democracy and helped to organize youth parliamentary work. In Youth`s Parliament day politicians developed and defended their ideas, as well as the adopted four declarations with proposals for the development of Latvia, emphasizing the role of young people. Unfortunately, because of extraordinary parliamentary elections in 2011 it was not possible to continue work on young people's ideas in practice, so this plan left in 2012. Special thanks to The Royal Netherlands Embassy, F.Eberta Fund, the European Commission Representation and European Parliament Information Office.
In June Delna Anti-Corruption Summer School was organized. 20 motivated young people from Latvia gathered together to gain new knowledge. Intensive five-day work was obtained and a thorough knowledge of corruption and its prevention in Latvia and EU was discussed together with the media situation, investigative journalism, political events, the judiciary, the Prosecutor General, Bureau and other law enforcement agencies, as well as social values and civic participation opportunities for young people. Classes were led by the best Latvian experts in various fields. This Anti-Corruption Summer School is not just a theory, but a real possibility of practical activities and issues for young people to understand the importance of anti-corruption and political developments in both Latvia and global scale. In leisure time young people modeled 11th Parliamentary elections simulating the pre-election campaigns of political parties. Special thanks for support to Latvian Embassy in the Netherlands, the Friedrich Ebert Foundation, the European Parliament Information Office and European Commission Representation in Latvia.
Corruption simulation game in Balvi high school, anti-corruption workshops in schools in regions
From September to November Delna visited 21 schools in Latvia representing Anti-corruption workshops, it directly reached more than 600 secondary school students. The workshop aim was to educate young people about democracy, rule of law and corruption and its impact. Strongly emphasizing the practical use of knowledge and skills of young people, for example, what are the rights of each citizen, and how young people can engage in institutional work, what to do when facing corruption, etc. The main thing of the event was a simulation game based on a real election fraud in Kubulu parish, and especially strong allows young people to understand the mechanisms of corruption and personal values, importance of the choice. Special thanks for support to Latvian Embassy in the Netherlands, the Friedrich Ebert Foundation, the European Parliament Information Office and European Commission Representation in Latvia.
activities. 5 best people from the spring session also participated in the Delna organized Anti-Corruption Summer School. Many thanks to the Soros Foundation - Latvia for supporting the program.
In 2011 Delna completed Latvian National Integrity System (VGS) assessment. It analyzed 13 areas, or pillars, which together constitute the Latvian anti-corruption institutional framework and provides the ability to resist corruption and deal with it. The study analyzes the period from the 2008 till 2011. Latvian VGS assessment is part of the 25 nation joint initiative to strengthen national and regional anti-corruption framework and promote sustainable and effective reforms. VGS is an international anti-corruption organization Transparency International that gives a methodological approach for analyzing specific public administration, legislative, judiciary and other sectors of the efficiency of prevention of corruption and good governance. VGS assessment and recommendations available on Delna's website www.delna.lv section "Publications". In 2012, Delna will work more intensively on the most problematic sector analysis and recommendation implementation. We thank the European Commission for their support and researcher Valts Kalnins for the work that he has done. He won European recognition.
10
11
A significant foothold in the work of the Legal Aid belongs to the volunteer lawyers. In September 2011, Delna worked with Latvian University Faculty of Law Legal Clinic and help center, attracting graduate students. It does help to cope with the large load of the center, and provides excellent practice for the next Legal Professionals. Delna is also an active participant in the parliament and other state institutions by submitting proposals to the bill and improvement of other legislations. The most important of these is the Construction Law and Territory Development Planning Law Project. In Delna`s advocacy work experience is very essential and has accumulated over the years. It has come from the public obtained information on the shortcoming laws or institutional practice. Many thanks to the Soros Foundation - Latvia for supporting the program.
Briefly about the main in the case - both parishes local people think that the country has serious breach their rights to the property, private and family life, fair trial and effective protection of state institutions, allowing the wind energy generation in Medze and Dunika parish areas. Delna together with sworn advocate Inese Nikuceva of the attorney office provided a broad legal assistance from consulting to application to the European Court of Human Rights training. Many thanks to the Soros Foundation - Latvia for the program.
12
In 2011, 1st December, International Anti-Corruption day, Delna announced the Latvian 2011 Corruption Perceptions Index (CPI). In 2011 Latvian CPI was 4.2 points out of 10. This places Latvia in 61st position worldwide. Historically the best result - 5.0 - Latvia reached in 2008 for the third year there is deterioration in the CPI. On the one hand, we can be proud of ourselves because we were in the 3rd position among the countries of the USSR; we are only surpassed by Estonia and Lithuania. On the other hand, within the European Union we are in 22nd position just ahead of countries where corruption is more clearly a national culture. For comparison - Lithuania is on the 19th position with 4.8 points, while Estonia is 12th with 6.4 points. Continuing the tradition of the annual CPI annunciation in a place related with corruption. A year ago, we did it next to the South Bridge. In 2011, it happened in the former central office of Parex Bank on Kr. Valdemara Street. This choice is justified by so-called "Parex case" and involved persons attitude demonstrating the bases on public criticism of corruption in Latvia involving secrecy, the fear of public interest, amateurism and perhaps even deliberate sabotage. Since 1998 international anti-corruption organization Transparency International Latvia has been included among those countries where Corruption Perceptions Index (CPI, English - Corruption Perception Index) is being set. The CPI provides an easily understandable assessment of how the experts and entrepreneurs see the level of corruption and the changes in public administration and in the rest of the public sector. By the term "corruption" is understood a person entrusted to the use its public power for private goods. We thank the Latio company for the support in terms of providing us with the event venue.
13
have a chance to assign or sub-contractor building`s construction works to carry out cost optimization (value engineering) activities without the consent of the NBA. That makes it literarily impossible for a cheaper or more efficient material or technical solutions, as well as the general contractor always receives some more tasks that must be done. One of the major works in 2011 was to prepare an application to the Constitutional Court to challenge the illegality of the Cabinet decision made in February 20, 2008. This decision states that the Latvian National Library building is associated with a significant national interest, namely the commencement of construction work would delay in the need for additional financing, so under the Public Procurement Sections 3rd paragraph, the Public Procurement Law of the Latvian National Library project was not suitable. In the European Union law- overriding national interest is used to understand the force majeure and the European Union (Community) Court has confirmed that for many times. Although the positive judgment of the Constitutional Court wouldnt affect the project development and contracts with the builders but this would still have been an important legal precedent for the mass public facilities in the future. Unfortunately, during the year 2011 it failed to gain any Parliament faction`s and at least 20 Member signatures to submit the application to the Constitutional Court. Thanks to the Partnership for Transparency Fund and the Open Society Institute for supporting the activities.In 2011 Delna ha continued Latvian National Library's new building project monitoring in the perspective of anti-corruption. Delna has been involved in this process because itsigned a participation contract in 2005 (Integrity pact) with the Ministry of Culture and is disposed of the State Agency "Jaunie Tris Brali. Last year the project didnt have any significant turn outs, so all attention was given to Delna`s daily construction process to reduce in 2008 concluded a legally untenable contract with general contractor "National Construction Association" (NBA) on the public interests. As the Cabinet was allowed to not apply the Public Procurement Law builder selection, allowing the NBA to affect contract. There are no anti-corruption and good prospect important norms in this signed contract compared to the international construction standard conditions (FIDIC). For example, as the Ministry of Culture doesnt have a chance to assign or sub-contractor building`s construction works to carry out cost optimization (value engineering) activities without the consent of the NBA. That makes it literarily impossible for a cheaper or more efficient material or technical solutions, as well as the general contractor always receives some more tasks that must be done. One of the major works in 2011 was to prepare an application to the Constitutional Court to challenge the illegality of the Cabinet decision made in February 20, 2008. This decision states that the Latvian National Library building is associated with a significant national interest, namely the commencement of construction work would delay in the need for additional financing, so under the Public Procurement Sections 3rd paragraph, the Public Procurement Law of the Latvian National Library project was not suitable. In the European Union law- overriding national interest is used to understand the force majeure and the European Union (Community) Court has confirmed that for many times. Although the positive judgment of the Constitutional Court wouldnt affect the project development and contracts with the builders but this would still have been an important legal precedent for the mass public facilities in the future. Unfortunately, during the year 2011 it failed to gain any Parliament faction`s and at least 20 Member signatures to submit the application to the Constitutional Court. Thanks to the Partnership for Transparency Fund and the Open Society Institute for supporting the activities.
14
ADMINISTRATIVE INFORMATION
This chapter contains important information from the reports of Delna and the general public benefit activities in 2011, submitted to the State Revenue Service (SRS). SRS can be found in reports submitted by TI and the Ministry of Finance web pages and www.delna.lv, www.fm.gov.lv.
8. Contracts of employment of employees and average annual total of their wages. The average number of employees in 2011 was 9. The total wages paid: LVL 73,222.63.
ACCOUNTING POLICY
General Principles The Association prepared the Annual Report in accordance with the Regulations No.808 of the Cabinet of Ministers of the Republic of Latvia dated 3 October 2006 Regulations on annual reports of associations, foundations and trade unions (hereinafter CM Regulations No.808). A year of account of the Association covers a 12 month period from the 1st of January to the 31st of December. Membership fees, admission fee and other annual payments Reflect the grand total of membership fees and admission fees applicable to the year of account. Revaluation of foreign currency All items of the balance sheet in foreign currency are translated into Latvian currency Lats at the official exchange rate of the Bank of Latvia as at the balance sheet date. Currency exchange rates prescribed by the Bank of Latvia as at 31st December: 31.12.2011. 31.12.2010. USD 0.544 0.535 EUR 0.702804 0.702804
15
Fixed Assets Depreciated book value of fixed assets is calculated by deducting from the initial cost the accumulated depreciation, also attrition of intangible assets and fixed assets depreciation amounts accounted during the year of account and during previous years. Amortization of intangible assets and depreciation of fixed assets are calculated applying the rates as follow: % 2,5 20 - 35
Stocks Stocks are reflected at their purchase price. If necessary the value of outdated, low turnover or damaged stock subjects to writing off. Accounts receivable Accounts receivable in the balance sheet are reflected at net value, deducting from the initial value the special reserves for doubtful and bad debts. Special reserves for doubtful and bad debts are formed in cases, when the management believes that recovery of specially marked off debts is doubtful. Based on the lapse days of accounts due from buyers and customers, general reserves for bad and doubtful debts are formed additionally to the special reserves. Taxes The grand total of liabilities of the Association to public budget and local budgets for payable taxes and dues, as well as for the mandatory state social insurance contributions. Loans Initially the loans are recognized in the amount of the received monetary items net of costs associated with the loan receipt. In further periods the loans are reflected at the amortized cost, which is derived by applying the loan effective interest rate. The difference between the amount of received loan net of costs associated with the loan receipt and the loan repayment value is being gradually included into profit & loss calculation during the loan period. Donations and contributions donations and contributions intended for procurement of specific assets, are counted as deferred earnings in the balance sheet and posted to the profit & loss statement proportionally to their expected lifetime. Cash and cash equivalents For the purposes of cash flow statement cash and cash equivalents are composed of petty cash, balance on current accounts.
5 6
16
Long-term investments II. Fixed assets: Real estate Other fixed assets Fixed Assets Total: Current Assets I. Stocks: Goods Stocks Total: II. Accounts Receivable Accounts due from buyers and customers Other accounts receivable Deferred expenditures Accounts Receivable Total Assets Grand Total Liabilities I. Funds Capital fund Reserve fund Funds Total: II. Long-term liabilities: Long-term loans from credit institutions Other loans Long-term liabilities total: III. Short-term liabilities: Short-term loans from credit institutions Other loans Tax and state social insurance contributions Other liabilities Liabilities Grand Total Assets Grand Total
8 9 10
11 12 13
(20 804) (6 810) (27 614) 95 394 10 040 105 434 3 746 2 010 2 998 41 638 50 392 128 212
(44 622) 23 818 (20 804) 98 527 11 045 109 572 3 605 1 005 3 252 33 542 41 404 130 172
12 13 14 15
I. Opening balance Donations and contributions received during the year of account 1. For unlimited application (including general donations) 1.1. Latvian legal entities 1.2. Foreign legal entities 1.3. Private persons (residents) 1.4. Private persons (non-residents)) 1.5. Anonymous contributors and donors 2. For definite purposes (including, earmarked donations) 2.1. Latvian legal entities 2.2. Foreign legal entities 2.3. Private persons (residents) 2.4. Private persons (non-residents)) II. Grand total of donations and contributions received during the year of account
16
17
17
Disposition of donations and contributions 1. For unlimited application (including general donations) 1.1. For objectives and tasks provided for by Articles of Association 1.1.1. . For public benefit activity 1.2. For administrative costs 2. For definite purposes (including, earmarked donations) 2.1. For objectives and tasks provided for by Articles of Association 2.1.1. For public benefit activity 2.1.2. For other objectives and tasks 2.2. For administrative costs III. Grand total of disposition of donations and contributions IV. Closing balance
18
19
6 105 3 003
Statement on administrative expenses made from general donations Pielikumi 1. General donations received during the year of account 2. Disposition of donations for administrative costs 2011 Ls 12 892 2 989 2010 Ls 7 948 1 504
PBLA Mission in Latvia Semicom SIA Association ELJA 50 BTA Insurance Company SE Legal entities incorporated in the Republic of Latvia Sydney Latvian Society Ltd. Corporation Daugaviete Sidneys Group Foreign legal entities Andrejs Vasijevs Ilze Gulna Jautrte Briede Kristaps Petermanis Ints Mintauts Sili Lita Akmane Mrti Bumbieris Artis Slosbergs Sandra Sple Lsma Kokina Vilis Vitols, Marta Vtola Aivars Endzi
18
Rasma Krklia Pauls Raudseps Aivars Ivars Juris Sinka Guntis Brzi Inese Voika Ilga Anita Brzkalna Gints Ppiis Madara Fridrihsone Inita Vecbatika Jnis Bernts Aelita vtia Juris Sils Valts Kalni Vita Anda Trauda Jnis trens Anita Astrda Apele Krlis Rokpelnis Mrcis Gobi Private persons (residents) Anonimous donators and contributors Total amount of received donations and contributions
100 1 000 25 250 45 88 20 10 100 260 1 000 500 75 50 1 000 45 10 500 5 178 1 482 7 948
UNRESTRICTED DONATIONS
2011 Ls Parliament Transparency and Fairness Monitoring Program Meal expenses during regional traveling Membership for the Internet data base Hand-outs Fixed assets depreciation Politics Monitoring and Interest Protection Program 36 64 741 841 2010 Ls 49 891 940
19
Meal costs for volunteers Payment for experts help Commercial costs PR costs T-shirts for the participants Printing and photography costs Venue rental costs Business travel costs Meeting with reporters Hand-outs Transportation costs Communication expenses Fixed assets depreciation Legal Support Program for Residents in cases of corruption Meeting with reporters and media Client consulting expenses Document forwarding expenses Transportation costs Magazin membership costs Fixed assets depreciation Civic education and participation program for young people Transportation costs Computer design costs Fixed assets depreciation
265 2 000 2 694 1 730 1 017 307 30 95 471 456 120 501 9 686 25 17 69 40 481 632 12 336 500 848 12 007 161 316 26 75 20 204 46 61 1 980 2 889 14 896
For public benefit activities total Administrative costs Communication costs Bills Flickr programmembership costs Office costs State Tax Accounting Software improvements E- lapas, LAPAS members cash outlay Financial revision costs Accounting Software improvements Advertisements in newpapers Post Office costs Fixed assets depreciation Disposition of donations for unlimited application total
20
Administrative costs Meeting with the partners Disposition of donations and contributions for certain purposes total
21
@delna_lv
Facebook.com/BiedribaDelna
Draugiem.lv/delna
COPYRIGHT
Front cover photos of the author Krista Burane. If by photos the author is not stated, copyright belongs to Delna.
22